Fifth Circuit Asks the Right Questions, Affirms Summary Judgment on...
As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions....
View ArticleConnecticut Jury Awards $15 Million Talc Verdict against Johnson & Johnson...
Court: Connecticut Superior Court – Fairfield at Bridgeport County - In this asbestos action, Plaintiffs Evan Plotkin and Martha Barry-Plotkin filed suit claiming Mr. Plotkin had asbestos exposure...
View Article[Commentary] An Updated Primer on PFAS/Forever Chemical Claims: Regulation,...
Per- and poly-fluoroalkyl substances ("PFAS") represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide, and numerous large settlements have already...
View ArticleAddition of Bisphenol S (BPS) to Proposition 65 List Has Sweeping...
Our Environment, Land Use & Natural Resources Group discusses the California Office of Environmental Health Hazard Assessment’s addition of bisphenol S (BPS) to the Proposition 65 list of...
View ArticleFDA Issues RFI on PFAS in Seafood
On November 19, 2024, FDA issued a request for information (RFI) on per-and polyfluoroalkyl substances (PFAS) in seafood. Specifically, the agency is seeking scientific data and information from the...
View ArticleTwelve TSCA Developments to Expect in 2025
With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the...
View ArticleCourt Awards $7.5 Million in Punitive Damages to Connecticut Plaintiff
Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone...
View ArticlePFAS in Fire Protection Products Continues to Generate Litigation, Liability
Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict...
View ArticleProp. 65 Short-form Warnings Are About to Get Longer
California’s proposed amendments to the Proposition 65 short-form warning requirements have been approved and are set to take effect on January 1, 2025. Businesses that use the current version of the...
View ArticleUnion Carbide Prevails in Rare Rhode Island Asbestos Trial
Plaintiff Bonito brought this asbestos action based on her diagnosis of, and eventual passing from, mesothelioma. Plaintiff alleged exposure from laundering her husband’s clothes from approximately...
View ArticleCalifornia Environmental Law & Policy Update 12.13.24
The U.S. Environmental Protection Agency (EPA) on Monday banned two solvents found in everyday products that can cause cancer and other serious diseases. It was a move long sought by environmental and...
View ArticleHung Out to Dry: USEPA Issues Bans on Trichloroethylene and Perchloroethylene
Continuing its assault on commonly used chemicals that pose risks to human health, the United States Environmental Protection Agency (“USEPA”) issued (but has not yet published in the Federal Register)...
View ArticleProposition 65: OEHHA Adopts Changes to “Short-Form” Warning Option
On December 6, 2024, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice stating that the Office of Administrative Law (OAL) approved changes to the Proposition 65...
View ArticleNovember 2024 Bounty Hunter Plaintiff Claims
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires,...
View ArticleIs PFAS the Next Asbestos?
PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of...
View ArticleAmerican Tort Reform’s 2025 Top 10 “Judicial Hellholes” for Defendants
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst...
View ArticleCalifornia Updates Proposition 65’s Short-Form Safe Harbor Warnings
The California Office of Environmental Health Hazard Assessment recently approved an amendment to the so-called “short-form” safe harbor warnings under the state’s Proposition 65 law. The changes will...
View ArticleIndustrials Regulatory News and Trends - December 2024 #2
California amends Prop 65 short-form warnings. California’s Office of Environmental Health Hazard Assessment has announced long-expected new amendments to its Prop 65 short-form warning...
View ArticleNew York Court Denies in Part, Grants in Part Talc Defendant’s Motion for...
In October 2020, Corey G. Griffin was diagnosed with peritoneal mesothelioma. He alleged asbestos exposure from the use of talcum powder related to his employment from the late 1950s until the 2000s....
View ArticleCourt Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds
Court: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson...
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